Trump Just Launched a New Assault on D.C.’s Home Rule. It’s Brazenly Illegal.
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On Thursday, U.S. Attorney General Pam Bondi launched arguably the most lawless assault on the District of Columbia in its 52 years of home rule. Bondi purported to appoint Terry Cole, the current head of the Drug Enforcement Administration, as D.C.’s new police chief—pushing aside its actual chief, Pamela Smith, who was appointed pursuant to federal and local statutes. She then claimed to repeal a series of “sanctuary” policies that limit D.C. cops’ ability to enforce federal immigration law. And she directed officers to “fully enforce” a measure that criminalizes “unlawful” demonstrations, evidently in response to District residents protesting federal enforcement actions.
In reaction to this unprecedented seizure of power, D.C. Attorney General Brian Schwalb filed a lawsuit Friday morning seeking to restrain Bondi’s takeover of the local police. His suit stands a strong chance of success. No one doubts that the federal government has significant authority over the District, far more than it has over any state. And everyone agrees that President Donald Trump may temporarily compel D.C.’s police to provide “services” for “federal purposes.” But Congress has not given the president sweeping power to commandeer the District’s police, replace its chief, or repeal its policies. Nor does the Constitution vest any such power in the president or his appointees. To the contrary, it assigns ultimate authority over D.C. to Congress. The Trump administration’s bid to blow past those limits is patently illegal.
Although the president likes to tout his prerogative to “take over” the District, he has no such freestanding right. The Constitution awards Congress—not the executive branch—the power to “exercise exclusive........
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